Durban — The evidence led in the court by a woman who has children with one of the men accused of killing taxi owner Dustin Pillay was found to be contradictory at the Durban High Court on Wednesday.
Pillay was a taxi owner and spokesperson for the Dolphin Coast Taxi Association, based in Shakaskraal, north of Durban. He was shot and killed on September 23, 2019.
A witness who has children with the first accused, Cebo Xulu, was put on the stand on Wednesday and told the court that she was with Xulu on the day of the incident. The witness, who cannot be named in order to protect her identity, told the court that on that day Xulu came to fetch her and their child at her sister’s house in Ntuzuma in the morning, and they were going to buy traditional clothes for their son as the following day was Heritage Day. She said Xulu came to fetch them between 9am and 10am, but she was not sure of the exact time.
She said they went to New Germany, and on their way there they stopped at a garage to withdraw money. The ATM was not functioning so they went to a Spar store which was behind the garage.
She said she left Xulu and their child in the car when she went to withdraw money. She said after she had withdrawn R500 she returned to the car and found Xulu on a call, which he was about to terminate.
“He told me that he was talking to accused two (Thokozani Mthethwa), and he told me that the brother of Mfanufikile Dlamini (deceased accused) had been shot, and said they were going to meet with Mthethwa and go to Hammarsdale,” she said.
She told the court that this was around 11am to 11.30am. The State alleges that Pillay was killed between those times.
Senior State prosecutor advocate Elvis Gcweka asked the witness if she had discussed the case with Xulu after he had been arrested, and she said no. He asked her if she was relying on her memory, and that nothing was helping her to remember the events of this day, and she said yes.
Gcweka continued to ask her about the day and the times. However, the witness could not recall other times but remembered what had happened between 11am and 11.30am.
“This thing of September 23 is concocted. I will argue about it,” Gcweka said.
“The challenge we are having is because he told you the time of the incident. That’s why you are specific about 11am to 11.30am. You don’t remember other times. You are not sure about them, but you are specific around this time.”
Gcweka told the witness that when Xulu was on the stand he told the court that he was going to be meeting Mthethwa and Dlamini in Hammarsdale, and would not travel with Mthethwa as the witness had said.
Judge ME Nkosi also asked for clarity from the witness as he said she seemed to remember everything that happened on this day without discussing it with anyone else.
“Do you remember what happened on the following days after the 23rd?” asked Judge Nkosi.
The witness answered by saying no, but that she remembered what happened on the fateful day because Xulu had been arrested and she was with him.
The case continues on Thursday and the accused are in custody. They face 18 charges, including murder.
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Daily News